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(영문) 창원지방법원 통영지원 2019.05.02 2018고단1241
사기
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

1. On January 15, 2018, the Defendant, at his own house located in C on January 15, 2018, told the victim C to have a telephone, and “on the part of the victim, the Defendant served as a fire-fighting officer for at least 20 years. Where the money needs to be paid, it would be flick. If the Defendant borrowed KRW 2,300,000,000,000 to be paid aground, 4 days later, and 100,000 won as aground.”

However, on February 5, 2013, the Defendant: (a) obtained a loan of KRW 1550 million from D while building a new house on or around February 5, 2013; (b) obtained a loan from D; and (c) obtained an additional loan from several loan companies in order to repay interest; and (d) obtained a loan from the lending companies in excess of the debt of KRW 400 million to the lending companies and D and D; and (c) did not have the ability to repay the loan even if it borrowed money from the victim.

Ultimately, the Defendant, by deceiving the victim as above, received 2.3 million won from the victim to the F account (Account Number: G) in the name of E designated by the Defendant on the same day.

2. The Defendant, at the place indicated in paragraph (1) of January 17, 2018, made a false statement to the victim C, stating that “The Defendant will pay money exceeding KRW 10 million per month on September 7, 2018 to the victim at least KRW 20 million if he/she loans KRW 20 million to take over.”

However, the defendant's mother was already in a situation where the defendant had already taken over and operated the "H" shop, and the defendant had no intent and ability to repay even if he borrowed money from the victim as stated in paragraph (1).

Ultimately, the defendant deceivings the victim as above, and then is the F Account Number in the name of I designated by the defendant on the same day from the victim: the F Account Number.

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